RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00909
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to allow him to receive VA
benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was 20 years old then. In his thirties, he served in the Vietnam War. He
has led a productive life for five decades in society.
In support of his request, applicant provided a letter from his Disability,
Aging and Veterans Service Representative, a copy of his court-martial
records, and a job resume.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records were destroyed by fire in 1973.
Therefore, the facts surrounding his service and separation from the Air
Force cannot be verified.
On 24 June 1952, the applicant was tried by Summary Court-Martial for
failure to go to his place of duty, for which he was sentenced to be
reduced to the grade of airman basic and a forfeiture of fifty dollars.
On 13 September 1952, the applicant was tried by Summary Court-Martial for
absence without leave from 3 to 12 October 1952, for which he was sentenced
to be restricted to the base for 30 days and a forfeiture of fifty dollars.
On 7 October 1952, the applicant was tried by Summary Court-Martial for
breaking restriction, for which he was sentenced to be confined at hard
labor for 30 days and a forfeiture of fifty dollars.
Based on documentation provided by the applicant, he was discharged on 14
January 1953 by a Special Court-Martial and received a bad conduct
discharge (BCD).
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided an investigative report which is
attached at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS stated that due to the lack of documentation in the master
personnel records, they defer to the Board to determine if the applicant
should be granted relief.
AFPC/DPPRS complete evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 9 April 2004, for review and comment within 30 days. As of this date,
no response has been received by this office. An FBI Report was forwarded
to the applicant for review and response within 15 days.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. We find no impropriety in the characterization of applicant's
discharge. It appears that responsible officials applied appropriate
standards in effecting the separation, and we do not find persuasive
evidence that pertinent regulations were violated or that applicant was not
afforded all the rights to which entitled at the time of discharge.
Considered alone, we conclude the discharge proceedings were proper and
characterization of the discharge was appropriate to the existing
circumstances.
4. Consideration of this Board, however, is not limited to the events
which precipitated the discharge. We have a Congressional mandate which
permits consideration of other factors; e.g., applicant's background, the
overall quality of service, and post-service activities and
accomplishments. Further, we may base our decision on matters of equity
and clemency rather than simply on whether rules and regulations which
existed at the time were followed. This is a much broader consideration
than officials involved in the discharge were permitted, and our decision
in no way discredits the validity of theirs.
5. Under our broader mandate and after careful consideration of all the
facts and circumstances of applicant's case, we are persuaded that
applicant has been a productive member of society. We recognize the
adverse impact of the discharge applicant received; and, while it may have
been appropriate at the time, we believe it would be an injustice for
applicant to continue to suffer its effects. Accordingly, we find that
corrective action
is appropriate as a matter of equity and on the basis of clemency.
Therefore, we recommend his discharge be upgraded to one under honorable
conditions (General).
6. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will materially
add to our understanding of the issues involved. Therefore, the request
for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that at the time of his discharge on 14
January 1953, he was discharged with service characterized as general
(under honorable conditions).
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2004-
00909 in Executive Session on 3 June 2004, under the provisions of AFI 36-
2603:
Mr. Gregory H. Petkoff, Panel Chair
Ms. Renee M. Collier, Member
Ms. Martha A. Maust, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Feb 04, w/atchs.
Exhibit B. FBI Report, dated 28 Apr 04.
Exhibit C. Letter, AFPC/DPPRS, dated 2 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 9 Apr 04.
GREGORY H. PETKOFF
Panel Chair
AFBCMR BC-2004-00909
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that at the time of his
discharge on 14 January 1953, he was discharged with service
characterized as general (under honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
From 25 July 1952 to 13 August 1952, he was charged with Absent Without Leave (AWOL). On 28 May 1954, the Air Force Discharge Review Board reviewed and denied applicant’s request that his discharge be upgraded. The DPPRS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 15 July 2002, a letter was forwarded to applicant suggesting that the applicant consider providing evidence pertaining to his...
Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, provided a copy of a FBI Identification Record, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: The Associate Chief, Military Justice Division, AFLSA/JAJM, reviewed this application and recommended that the Board, as a matter of clemency, grant the applicant relief by upgrading his dishonorable discharge to a bad conduct discharge. ...
AF | BCMR | CY2003 | BC-2003-00998
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00998 INDEX CODE: 100.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general (under honorable conditions). Based on this finding, the Board of Officers directed his discharge for unfitness with an undesirable discharge. The AFPC/DPPRS evaluation is at...
AF | BCMR | CY2005 | BC-2005-00759
The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the applicant (Identification Record No. GREGORY H. PETKOFF Panel Chair MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY...
AF | BCMR | CY2004 | BC-2003-03923
In support of her request, the applicant has submitted a copy of her late husband’s death certificate, and a copy of a letter from the National Personnel Records Center dated 12 November 2003. Applicant did not submit any evidence or identify any errors in the discharge processing, nor provide facts that support upgrading the discharge to honorable (Exhibit C). Novel, Panel Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Nov 03, with attachments.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-01077 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. Under our broader mandate and after careful consideration of all the facts and circumstances of the member’s case, we are persuaded that applicant has been a productive member of...
The records indicate the member’s military service was reviewed and appropriate action was taken. A complete copy of the Air Force evaluation is attached at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Counsel states that it would appear that the petitioner would be discharged under the provisions of AFR 39-10, paragraph 5-26, 3b,c, unsatisfactory performance, or failure to maintain dress or personal hygiene. Exhibit B.
For this incident, he was ordered to be restricted to the limits of his squadron area for a period of sixty (60) days and to forfeit fifty dollars ($50) of his pay. On 19 November 1954, 3 August 1955 and 23 June 1958, the Air Force Discharge Review Board considered and denied the applicant’s requests for a discharge upgrade. On 12 July 2002, a letter from Congressman Markey’s office requesting assistance in upgrading applicant’s discharge was received by this office (Exhibit G).
AF | BCMR | CY2004 | BC-2003-02967
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02967 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded. Because his approved sentence included a bad conduct discharge, the applicant’s convictions were reviewed by the Air Force Court of Criminal Review on 22 September 1988. ...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-00805 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. The EO recommended that the applicant be discharge for unsuitability and given a general discharge. Exhibit B.